Complications Resulting from Neurosurgical Mistakes

A neurosurgical medical malpractice attorney will relentlessly work to uncover any negligent action resulting in harm to the brain, spinal cord, or surrounding structures. Speak with a member of our team if you or someone you care for experiences complications resulting from neurosurgery. While neurosurgical procedures are not without risk, a medical team’s functioning below the standard of care may lead to the following harm to you.

Bleeding 

Neurosurgical procedures focus on areas of the body with abundant blood vessels. Bleeding may occur during the procedure and after the surgery’s completion. Monitoring is critical to prevent complications from bleeding resulting from neurosurgical negligence.

Blood clots

Limited mobility following neurosurgical procedures may increase the risk of developing blood clots. A life-threatening emergency occurs when blood clots form in the legs and travel to the lungs (pulmonary embolism). Medications prescribed by a physician and physical activity may reduce the risk of forming blood clots in patients. Communication about the significance of exercise for recovery follow-up care is vital.

Infection

Infections remain a threat to patients, even in sterile environments, particularly in Maine hospitals. However, failing to protect a patient from these risks may lead to infection at the incision site or within the part of the brain or spinal cord where the surgery occurs. Infections can impact the entire immune system of the body and impair healing. Infection can be superficial, deep within the incisional site, or affect the organs or space within the muscle layers. Infection may lead to sepsis in any area of the surgical site if not treated immediately. 

Stroke

Disruptions to the brain’s blood flow resulting from errors may lead to stroke and permanent neurological deficiencies. Failing to monitor blood flow during surgery may increase the risk of permanent harm.

Mobility Challenges, Paralysis, and Functional Damage

Losing partial or complete mobility of the body may occur from mistakes in various neurosurgical procedures. Damage to the nerves of the spine during surgery or surgery to remove a tumor from the brain may lead to paralysis varying in severity and duration. Paralysis may also impact specific limbs of the body, the vocal cords, and breathing. 

Functional damage that weakens muscles impairs the ability to communicate and changes sensory perception, which may prevent an individual from living independently. Functional damage may also create unexpected and unpredictable behavioral changes. 

Memory Loss

The ability to retain short and long-term memories may result from neurosurgical malpractice. Memory loss can impact a patient’s autonomy and ability to maintain gainful employment, and it can create safety concerns. Brain swelling or damage to nerves in the brain may lead to permanent damage and memory loss.

Wrongful Death

The delicate nature of neurosurgery and a lapse in the standard of care may ultimately result in the loss of someone you care for.  The Maine wrongful death lawyers at Berman & Simmons will aggressively fight for justice for you if your loved one suffers fatal harm.

Common Neurosurgical Errors in Maine

Critical body systems may fail to function correctly after a neurosurgical error occurs. Mistakes impacting your health can be costly and may prevent you from recovering. The Journal of Neurosurgery states that the most common neurosurgical mistakes leading to medical malpractice cases occur in spinal surgeries. However, neurosurgical errors may include:

• Damage to nerves or blood vessels resulting from poorly executed procedures
•  A lack of monitoring of patient vitals
• Operating on the wrong part of the brain or spine
• Failing to order necessary tests before performing surgery
• Failing to monitor for brain swelling
• Not explaining the potential risks and unwanted outcomes associated with surgery
• Leaving objects inside a patient
• Anesthesia errors
• Performing unnecessary surgery
• Leaving a patient’s documentation incomplete or failing to communicate with medical personnel about treatment protocol 
• Not providing follow-up care 

Many health issues occurring after neurosurgery are detectable and even preventable. Care at every stage of neurosurgery is vital to your recovery and to prevent long-term or irreparable damage. Even before deciding to undergo a medical procedure, informing you about the potential risks is part of your care and allows you to make informed decisions. 

Potential Damages in a Neurosurgical Medical Malpractice Case

The extent of damages and costs to you will impact your compensational recovery in a neurosurgical medical malpractice case. For many patients, ongoing care costs will play a crucial role in a successful settlement or verdict. Working with our neurosurgery medical malpractice lawyers can help protect you from insurance companies undervaluing the costs of ongoing care to you. Damages may include:

• All medical costs, including ongoing care and home health expenses
• Continuing therapy costs
• Medication expenses
• Lost wages
• Loss of earning capacity 
• Loss of enjoyment of life
• Pain and suffering
• Punitive damages, when a healthcare professional acts with express or implied malice

Neurosurgical errors may result in significant financial challenges without the intervention of a neurosurgical medical malpractice lawyer. Learn more about the impact of our successes and recent case results on our clients’ lives. 

Who is Liable for my Damages?

A neurosurgeon is the first party that comes to mind after experiencing an injurious medical procedure. However, multiple parties may be responsible and found liable for neurosurgery medical malpractice. A thorough investigation may find one or more of these parties liable for medical malpractice:

• The neurosurgeon
• A member of the surgical team
• An anesthesiologist
• Hospital administration

Hospital administration is responsible for hiring capable professionals to provide quality healthcare, which is vital to patients. Filing legal actions against each liable party is possible and may help ensure your compensation and medical needs are met. Other responsible parties may be identified in your case.

How Long Do I Have to File a Neurosurgery Medical Malpractice Claim?

Patients have three years from when the cause of action accrues to pursue legal action. Minors experiencing harm due to a neurosurgical procedure have six years from the time the cause of action accrues or three years after reaching the age of majority, whichever comes first. Realizing the extent of your damages may take time. It is vital to contact a neurosurgical medical malpractice law firm as soon as possible if you notice any harmful impacts after a procedure. 

An attorney at Berman & Simmons will also file a notice of claim within the appropriate time frame and address filing fees. The notice of claim will include the alleged action and its harm to you. A mediation panel will then perform a prelitigation screening and issue an opinion, pausing the statute of limitations until you receive the panel’s opinion.

Because of potential exceptions to these timelines, we recommend contacting our Maine neurosurgery medical malpractice team immediately. The outcome of your case will depend on the successful collection of evidence. Your attorney will promptly investigate your claim to preserve critical evidence. 

Steps to Take After Experiencing a Possible Neurosurgical Injury

Scheduling a case review with an attorney at Berman & Simmons if you experience complications or concerns about a surgical outcome is the most straightforward path to protecting your claim. It can be overwhelming and frightening when surgery to improve your health worsens your symptoms or creates more significant challenges. We understand the crossroads you stand in. 

We want to provide helpful choices that allow you to pursue recovery. Here is what you should know about our intake process. Take these steps to begin documenting your claim:

• Ask for a referral to see another medical provider
• Get a copy of your medical records as soon as possible to prevent documentation alterations 
• Keep a written log of dates, times, and professionals you speak with, including insurance adjusters
• Follow any calls with emails to confirm a conversation with the insurance company
• Continue with your care plan to avoid compromising your health

Taking other actions may benefit your claim. Your lawyer will discuss the optimal course of action with you. 

Cost to Hire a Neurosurgery Medical Malpractice Lawyer in Maine

Neurosurgery costs can be staggering, even with health insurance coverage. We recognize our clients' financial burden in covering daily living costs and paying for specialized medical care on top of hiring an attorney. The neurosurgery medical malpractice attorneys at Berman & Simmons work on a contingency fee basis to provide access to legal representation when you need it most.

Our firm offers a free case evaluation and initial research to determine if you have a valid claim free of charge. There is no financial obligation for our services unless we successfully recover compensation for you. Then, a percentage of your recovery will be assessed for our services. 

Contact a Maine Neurosurgical Medical Malpractice Lawyer Today

You should not have to guess about your health and surgery’s impact on your future. For over a century, the team at Berman & Simmons has provided exceptional legal guidance to residents throughout Maine. Our navigational tools and services can remove the overwhelm and uncertainty if you experience damage from the care you receive from a neurosurgical procedure. 

We offer guidance on how to protect your health and claim moving forward. All case reviews and communications are confidential. It is also beneficial to review cases we do not handle before calling. Our focus on personal injury law does not accommodate all civil actions.